Opinion
No. 3D09-2444.
October 28, 2009.
Appeal from the Circuit Court, Miami-Dade County, Maxine Cohen Lando, J.
Shutts Bowen and Frank Zacherl, Miami, Temple Fett Kearns, and Edward J. O'Sheehan, Ft. Lauderdale, for petitioner.
Edward R. Blumberg, Miami; Kuvin Stettin, and Eric L. Stettin, Weston; Joseph Jacks, and Lewis N. Jack and Nicole I. Sieb, Miami, for respondents.
Before SUAREZ, LAGOA, and SALTER, JJ.
Geico General Insurance Company petitions for a writ of certiorari quashing a non-final order of the circuit court. The order, though providing for abatement of a bad faith claim against Geico in connection with an automobile collision and injury claim, specified that "proper and non-privileged discovery may proceed" regarding the bad faith claim.
Count I of the complaint purports to plead breaches of both statutory and "common law" duties of good faith in a single claim. The case law is clear that discovery on the statutory claim is premature. In the case of a claim pled exclusively as a "breach of the covenant of good faith," we have declined to apply that rule pending our Supreme Court's decision on the point in the case of QBE Insurance Corp. v. Chalfonte Condominium Apartment Ass'n. Case No. SC09-441 (Fla. filed Mar. 11, 2009). See Citizens Prop. Ins. Co. v. Bertot, 14 So.3d 1073 (Fla. 3d DCA 2009).
Because such discovery is premature in the current procedural posture of the circuit court case — coverage issues have not yet been determined — the order must be quashed. Discovery relating to the statutory bad faith claim may not be commenced until such time, if ever, as the insured's coverage and extent of loss have been determined. XL Specialty Ins. Co. v. Skystream, Inc., 988 So.2d 96, 98 (Fla. 3d DC A 2008); Gov't Employees Ins. Co. v. Rodriguez, 960 So.2d 794 (Fla. 3d DCA 2007). Discovery relating to a generalized "common law" bad faith claim must also be quashed because of the pendency of the statutory claim and the similarity of the discovery applicable to that claim.
Writ granted; order quashed.